MITIGATING CIRCUMSTANCES ( ARTICLE 13 OF Revised Penal Code )

What is MITIGATING ? IT REFERS TO THE LESSENING THE GRAVITY OF AN

OFFENSE OR MISTAKE.

WITH REGARDS TO MITIGATING CIRCUMSTANCES, IT HAS ALREADY CRIMINAL

AND CIVIL LIABILTY.

THOSE WHICH IF PRESENT IN THE COMMISSION OF THE CRIME, DO NOT

ENTIRELY FREE THE ACTOR FROM CRIMINAL LIABILITY BUT SERVE ONLY TO
REDUCE THE PENALTY.

BASIS : DIMINUTION OF EITHER FREEDOM OF ACTION ,INTELLIGENCE OR INTENT

OR ON THE LESSER PERVERSITY OF THE OFFENDER.

PARAGRAPH # 1 – THOSE MENTIONED IN THE PRECEEDING CHAPTER, WHEN ALL

THE REQUISITE NECESSARY TO JUSTIFY OR TO EXEMPT FROM CRIMINAL
LIABILITY IN THE RESPECTIVE CASES ARE NOT ATTENDANT;

PARAGRAPH # 2 – THAT THE OFFENDER IS UNDER 18 OF AGE OR OVER 70. IN

THE CASE OF THE MINOR HE SHALL BE PROCEEDED AGAINST IN ACCORDANCE
WITH THE PROVISIONS OF ARTICLE 80;

PARAGRAPH # 3 – THAT THE OFFENDER HAD NO INTENTION TO COMMIT SO

GRAVE A WRONG AS THAT COMMITTED. ( PRAETER INTENTIONEM);
PARAGRAPH # 4 – THAT SUFFICIENT PROVOCATION OR THREAT ON THE PART OF
THE OFFENDED PARTY “IMMEDIATELY PRECEDED THE ACT”;

PARAGRAPH # 5 – THAT THE ACT WAS COMMITTED IN THE IMMEDIATE

VINDICATION OF A GRAVE OFFENSE TO THE ONE COMMITTING THE FELONY
(DELITO) HIS SPOUSE, ASCENDANTS, OR RELATIVES BY AFFINITY WITHIN THE
SAME DEGREES;

PARAGRAPH # 6 – THAT OF HAVING ACTED UPON AN IMPULSE SO POWERFUL

AS NATURALLY TO HAVE PRODUCED PASSION OR OBFUSCATION;

PARAGRAPH # 7 – THAT THE OFFENDER HAD VOLUNTARILY SURRENDERED

HIMSELF TO A PERSON IN AUTHORITY OR HIS AGENTS, OR THAT HE HAD
VOLUNTARILY CONFESSED HIS GUILT BEFORE THE COURT PRIOR TO THE
PRESENTATION OF THE EVIDENCE FOR THE PROSECUTION;

PARAGRAPH # 8 – THAT THE OFFENDER IS DEAF AND DUMB,BLIND OR

OTHERWISE SUFFERING SOME PHYSICAL DEFECT WHICH RISTRICTS HIS MEANS
OF ACTION DEFENSE,OR COMMUNICATIONS WITH HIS FELLOW BEINGS;

PARAGRAPH # 9 – SUCH ILLNESS OF THE OFFENDER AS WOULD DIMINISH THE

EXERCISE OF THE WILL-POWER OF THE OFFENDER ,WITHOUT HOWEVER
DEPRIVING HIM OF THE CONSCIOUSNESS OF HIS ACTS;

PARAGRAPH # 10 – ANY OTHER CIRCUMSTANCES OF A SIMILAR NATURE AND

ANALOGOUS TO THOSE ABOVE MENTIONED.
NOTE :

1. IMPULSE OF JEALOUSY OR MATINDING PAGSESELOS AY PWEDE MO

ITONG MAIHALINTULAD SA PARAGRAPH # 6

2. TESTIFYING FOR THE PROSECUTION PWEDENG IHALINTULAD SA

PARAGRAPH # 7

3. OVER 70 YEARS OLD WILL FAILING SIGHT,PWEDENG IHALINTULAD SA

PARAGRAPH #2